STATE OF GUJARAT Vs. THAKORBHAI VESTABHAI AND ORS.

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 30.06.1993 passed by the Sessions Judge, Valsad at Navsari in Sessions Case No. 72 of 1992 whereby the trial court acquitted the respondents under Sections 144, 148, 302 r/w 149 of Indian Penal Code.

(2.) THE brief facts of the prosecution case are that on 24.05.1992 at around 07.30 pm, the respondents formed an unlawful assembly armed with knife, dhariya (Chhatka) and wooden block of Babool tree assaulted the deceased. The respondent No. 2 assaulted Naveen Manilal on his head by way of chhatka and respondents No. 1, 3, 4 & 5 assaulted Ramesh Manilal by way of wooden block of babool tree and thereby caused their death.

(3.) MR . D.D Vyas, learned Senior Advocate appearing with Mr. Deep Vyas, learned advocate for the respondents supported the impugned judgement and order and submitted that the same having been passed in accordance with law does not call for any interference. He submitted that the prosecution has failed to prove the case against the respondents beyond reasonable doubt. He submitted that there are many lacunae in the prosecution case and that the eye witnesses are got up witnesses.